Speeding Laws & New York Car Accidents

Drivers who travel at high speeds have less time to react to their surroundings, increasing the risk of an accident. In addition, the force of a high-speed collision can cause injuries that are more devastating than those in collisions at lower speeds. To improve highway safety, New York has enacted certain laws regulating vehicle speeds and imposing penalties for violations. If a victim of a car crash can show that the driver at fault for the crash violated a speed limit, this may help them prove the driver’s liability for the resulting injuries and damages.

Speeding Violations in New York

Section 1180 of the New York Vehicle and Traffic Law defines speeding violations and the related penalties. In particular, Section 1180(d) forbids drivers from traveling faster than any maximum speed limits that have been established. When maximum speed limits have not been established as authorized, Section 1180(b) generally prohibits drivers from traveling faster than 55 miles per hour. More broadly, Section 1180(a) prohibits drivers from traveling at a speed that is greater than what is reasonable and prudent under the conditions.

The penalties for a violation of Section 1180(b) or Section 1180(d) depend on how much the driver exceeded the speed limit. If they traveled at a speed no more than 10 miles per hour over the limit, they will face a fine of $45 to $150. If they exceeded the speed limit by 10-30 miles per hour, the fine increases to $90 to $300, and the driver may face up to 15 days of jail time. If a driver exceeded the speed limit by more than 30 miles per hour, they may face a fine between $180 and $600, as well as up to 30 days in jail. In addition, a driver will get points on their license based on how much they exceeded the speed limit:

• 1-10 mph over: 3 points
• 11-20 mph over: 4 points
• 21-30 mph over: 6 points
• 31-40 mph over: 8 points
• More than 40 mph over: 11 points

The penalties for a violation of Section 1180(a) include a fine of $45 to $150, as well as up to 15 days of jail time. A driver will get three points on their license for a Section 1180(a) violation. Separate rules apply to violations of the provisions in the statute that cover school zone and work zone speed limits.

Using a Speeding Violation to Prove Liability for a New York Accident

When a driver who caused a crash was speeding, a victim can use this evidence to help prove the driver’s liability in a negligence claim. As a New York appellate court noted in the 2000 case of Devoe v. Kaplan, an unexcused violation of the Vehicle and Traffic Law is considered “negligence per se.”

What does this mean for a car accident case? Generally, a victim bringing a personal injury lawsuit must prove that the defendant breached a duty of care that they owed to the victim, causing their injuries and damages. Negligence per se equates to proof that the defendant breached the duty of care. However, it does not automatically establish liability. The victim still must prove that their injuries resulted from the violation.

Last reviewed January 2024